cannabisnews.com: Medical Marijuana Activists Urge City Action





Medical Marijuana Activists Urge City Action
Posted by CN Staff on December 18, 2003 at 12:07:15 PT
By Alison Soltau Of The Examiner Staff
Source: San Francisco Examiner 
Medical marijuana advocates have called on The City to take an active role in providing cannabis to sick people now that a court ruling has blocked the federal government from prosecuting. A 9th Circuit Court of Appeals ruling Tuesday decreed that the federal government could not prosecute people with doctors' prescriptions for medical marijuana if they were not obtaining the drug across state lines or profiting from it. 
Previously, San Francisco and other Bay Area cities tussled with the U.S. Justice Department because California law provides for medical marijuana with a prescription but the Federal Government forbids it under the Controlled Substances Act. San Franciscans also passed voter initiative Proposition S in 2002, which provides for The City to investigate ways to make cannabis available to patients. Assemblymember and former supervisor Mark Leno, who sponsored Proposition S, urged The City to explore ways of increasing access to medical marijuana, adding that he favored the Santa Cruz model, which uses private contractors to manufacture medical cannabis. Leno said The City should actively debate the topic, seeking advice from the city attorney and district attorney about the legality and logistics of growing or contracting out cannabis production to a non-profit organization. But he cautioned that the threat posed by a federal raid of cannabis growers had not automatically disappeared because the ruling could be successfully appealed. "The ruling is important because it will allow people to stay alive, because this is a life or death matter," Leno said. Steve Heilig, health director for the San Francisco Medical Society, called on The City to take a role regulating the "gray market" of cannabis club pot production. Heilig described the current distribution as "semi-legal," adding that some clubs hiked prices for the drug to as much as $60 a hit, exploiting the sick. "The clubs charge the same prices as they do on the streets and that's wrong as far as I'm concerned," Heilig said. "We should be able to get it down to a few dollars." The City should also reassure mainstream physicians about the legitimacy of their role in prescribing pot, he said. Judy Appel, a lawyer with the Drug Policy Alliance in Oakland, said she thought The City would recognize widespread public support for medical marijuana and instruct city departments accordingly. "We need a lot of different ways to provide it and I'm hoping the Board of Supervisors will find the best way to provide safe medication to patients," she said. In October, Supervisor Bevan Dufty convened a hearing to explore Proposition S. At the time, city officials felt hamstrung by the Bush administration and advocated a low- key approach to Prop. S and no formal city involvement in production of marijuana. Tuesday's ruling gives The City new teeth, but supervisors and Mayor-elect Gavin Newsom could not be reached for comment Wednesday on how The City would respond. District Attorney-elect Kamala Harris said she had not yet read the court ruling but that it appeared to provide The City cover from federal raids. The City now needs legal opinion from the city attorney's office about what its next move could be, and direction from the Board of Supervisors, Harris said. "Obviously it's a step in the right direction for San Francisco and for that I am happy and feeling optimistic about not only San Francisco, but where the state and country is headed in terms of perspectives on the benefits of medical marijuana," she said. Tuesday's ruling gave two patients a temporary injunction against prosecution by the Federal Government. Attorney General John Ashcroft has not shown any sign of appealing the court's decision. However, in a press conference Wednesday, plaintiff Angel Raich, who has an inoperable brain tumor, said she foresaw an uphill struggle. "The battles are just beginning," she said. "I have no doubt that Attorney General John Ashcroft will once again try to attack the sick, disabled and dying Americans." Source: San Francisco Examiner (CA)Author:  Alison Soltau Of The Examiner StaffPublished: Thursday, December 18, 2003Copyright: 2003 San Francisco ExaminerContact: letters sfexaminer.comWebsite: http://www.examiner.com/Related Articles & Web Site:Drug Policy Alliancehttp://www.drugpolicy.org/A Landmark Victory - Ann Harrisonhttp://cannabisnews.com/news/thread17996.shtmlFeds Ordered To Halt Pot Raidshttp://cannabisnews.com/news/thread17980.shtmlLow Profile for City's Pot Prophttp://cannabisnews.com/news/thread17481.shtmlCommittee Asks for S.F. Pot Garden Studyhttp://cannabisnews.com/news/thread17447.shtml
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Comment #37 posted by Rev Jonathan Adler on December 19, 2003 at 12:31:34 PT:
Alvin Cool/ Older Marijuana Laws on Books!
Hawaii has had a "marijuana' law on it's books since it was passed by our 1977 Legislature. It is HRS 712-1240.1; and states "the ultimate user of the drug, pursuant to a lawful prescription or recommendation, or a person otherwise authorized by law" has a "defense to prosecution". When the legislature found out in 1998 from me, that we knew about the existing law and were operating in compliance with it; they passed an amendment Act 228, which added a affirmative defense and a registry controlled by Public Safety Dept. (PRISONS) to get control of the situation and monitor the growers and users. The program has over 1,150 patients currently and is growing. Thanks for asking the question Alvin Cool! Aloha!
Hawaii Medical Marijuana Institute
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Comment #36 posted by jose melendez on December 19, 2003 at 03:34:21 PT
see also:
i forgot to add this link:http://www.freestateproject.org/about/advertising.jsp
fight real crime
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Comment #35 posted by jose melendez on December 19, 2003 at 03:33:34 PT
city action
Boston and Springfield MA are standing up to hypocritical FDA arguments that Canadian drugs are 'unsafe at any speed.'"'Live Free or Die' is a nice motto, but it's bad health care policy . . ." - FDA Associate Commissioner Peter Pittshttp://www.cnn.com/2003/HEALTH/12/18/canada.drugs.ap/index.htmlI am a former resident of New Hampshire, and may seek 'dual citizenship.'
citizens against treason
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Comment #34 posted by jose melendez on December 19, 2003 at 02:45:47 PT
clarification
Dual boot systems can be Mac/Linux or Windows/Linux. Buy the used macs at garage sales or otherwise obtain them used. If they work when you buy them, they will likely work for years.
scared yet?
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Comment #33 posted by jose melendez on December 19, 2003 at 02:42:39 PT
My opinion: linux is home brew
Just my opinion - Windows are cigarettes, defective and dangerous, exactly as designed.Linux is home brew alcohol. It's NOT free, if you count your time involved, but does permit considerable cash savings, and is exceptionally stable.Mac OS 9 is "regs", like mid grade cannabis, good all around as a reliable product. Want seeds? The cost of the operating system is covered in the ROM, so if you have an old mac, or buy one at a grage sale, you can download the operating system online. Mac OS X and it's next two operating systems, Jaguar and Panther, are crippy, BC Bud and Blueberry. Unix is the kernel based system that permits very powerful programming level work, and comes with the Mac OS X and up systems.You can dual boot (run both systems) on PC's and Macs. Of course, NONE should be illegal, and there are indeed many products being designed to take advantage of the Linux embedded system. I'm going to try to use all three, to criminalize prohibition. So far, my plan is working . . .
working?
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Comment #32 posted by yippierevolutionary on December 18, 2003 at 23:45:27 PT
The Telly
I just checked out the Telly Web site. They totally stole the idea from me lol. I've been pondering the feasibility of making my own Telly-type boxes and selling them for a while now. Since linux is open you can customize the OS perfectly for something like this. I need to learn some serious programming first. Linux is the future the only way expensive secrets can compete with open and free is through bully tactics which is M$ strong suit.
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Comment #31 posted by aolbites on December 18, 2003 at 22:17:28 PT
ot - linux tv servers
check out http://www.interact-tv.com/products.php the Telly, runs on linux so - "The box is open, you can add hardware. The software is open too, so any qualified developer can add software as well. Interact-TV is an open software advocate - no faceless corporation will ever lock out developers."
The Telly
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Comment #30 posted by yippierevolutionary on December 18, 2003 at 21:10:01 PT
Linux
Corvallis I love your analogy! Jose thanks for the link, I had already installed JRE but I didn't know how to create the symbolic link. Linux and File Sharing are critical parts of The Free Movement, anyone whose read Abbie Hoffman's steal this book will know what I am talking about.Virgil Linux is so important to the future of computing. Digital content isn't like real stuff. They call music file sharing stealing but when you download a song its more like taking a photo of that Gap shirt than shoplifting it. The free flow of information is more important to humanity that profits for a few. I just downloaded Al Frankens book which I would have never bought because I have no money. The RIAA says any downloaded music is lost revenue, they can't imagine the possibility that people are listening to MORE music. Music they never would have bought for 20 dollars a CD. How can they pump britney spears over every radio station every tv show every store you go into to the point where it is stuck in your head and then claim that THEY OWN it. About video your right that time is here. The future is video on demand, primetime TV is going the way of the dinosaurs. You can download a 30 minute tv show in 10 minutes with a broadband connection for free off kazaa at any time of the day you want. But Free means Freedom not freeloading Artists should be free to create art and not have to worry about housing and food costs. Look at NPR and PBS or public parks, not everyone has to pay for something to make it work.
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Comment #29 posted by CorvallisEric on December 18, 2003 at 19:27:15 PT
analogy
Linux is to Microsoft as cannabis is to alcohol.
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Comment #28 posted by FoM on December 18, 2003 at 18:20:04 PT
sukoi 
I really appreciate it. It's easy for me to miss a good activists site and I don't like to miss any if at all possible. 
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Comment #27 posted by sukoi on December 18, 2003 at 17:37:57 PT
Information
FoM, it seems that I have been able to provide you with more news sources/information. I'm so happy to be able to help in any way, and will continue to do so!!! 
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Comment #26 posted by Virgil on December 18, 2003 at 17:33:12 PT
On Linux
I am interested in really becoming a student of the Linux system. I want to be part of bringing free software to future generations and want off the MicroSoft payola.That really was totally off topic. There is a big event in the Linux world that does have implications to the cannabis world. That would be the release of the new kernel. This would be version 2.6. - http://www.linux.org/news/2003/12/18/0002.html This would be relevant to us all because we all have computers and at some point we will all have new computers.What is most relevant about Linux is that VCR's will be replaced by recording to hard drives. The machines that will do this recording will use a Linux system because of cost. It is free. I am excited about Linux and when the 64-bit processors come out, I would like to make the switch. Linux has long reached critical mass, but now the engineers and software know the faults compared to Windows. There will be a leapfrog process to video applications where there is now much weakness.Paltalk.com would be a good place to find answers and then there are the Linux websites like Linux.org and http://www.linuxos.org/The Internet has to be the most important tool we have in bringing about reform. It is my belief that video is more powerful than just words and song is more important than video. Video will be more important in the future as broadband, computers, and user's knowledge increase. NORML may well have video that is downloadable to a burner and playable at freedom parties on DVD. We may see the day when someone has video from Dr. Russo. Our little Cannabis Explorer is now leaving the solar system of words. Video is the new frontier.The release of Grass on DVD is a big deal. Just because 1000 channels do not want to show it, does not mean it will not play well at freedom parties.
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Comment #25 posted by FoM on December 18, 2003 at 17:27:24 PT
Thanks sukoi 
That's ok. That is a very good web site. I just added the link to my personal web site. 
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Comment #24 posted by jose melendez on December 18, 2003 at 17:16:39 PT
&q=Java+plug-in+for+mozilla+linux
http://www.atd.ucar.edu/rtf/include/mozillaLinuxPlugin.htmlhttp://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=Java+plug-in+for+mozilla+linux&btnG=Google+Search
treason: Prohibitionists aid and comfort enemy, profiteer by manufacturing crime
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Comment #23 posted by sukoi on December 18, 2003 at 17:10:51 PT
FoM
Sorry, but I don't. I just saw it on the link that I provided and thought it to be quite substantial, it is in the last paragraph. I didn't read the pdf file, sorry!
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Comment #22 posted by FoM on December 18, 2003 at 17:00:50 PT
sukoi 
I went thru the pdf file of the ruling but couldn't find it. Do you know what page it's on?Raich v. Ashcroft in PDF:
http://freedomtoexhale.com/ruling.pdf
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Comment #21 posted by Dankhank on December 18, 2003 at 16:53:56 PT
forgotten list
list of nasties that got a CRL ...Gebhardt
Dean
Edwards
Clark
Lieberman
 and also ... non-nasties
Kuchinich
Mosely-Brown
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Comment #20 posted by sukoi on December 18, 2003 at 16:52:51 PT
The 9th on SEEDS
I had originally posted under the thread “Home Grown Victory” http://cannabisnews.com/news/thread17994.shtml
But it seems that it might be more appropriate here!I don’t know if any of you know this or not, but in Raich v. Ashcroft, the 9th doesn’t even care if the seeds came from out of state! To me, this seems like another huge blow to the government using the Interstate Commerce Clause to bust innocent people! “At oral argument, we questioned counsel for the appellants about the origin of the marijuana seeds used by the appellants. Counsel for the appellants assured us that they came from within California. Regardless, we find that the origin of the seeds is too attenuated an issue to form the basis of congressional authority under the Commerce Clause.” 
More here http://blogs.salon.com/0002762/2003/12/16.html And in Arkansas, a medical marijuana proposal is rejected for the third time by their attorney general Mike Beebe. http://www.arkansasnews.com/archive/2003/12/09/News/78193.html 
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Comment #19 posted by FoM on December 18, 2003 at 16:52:04 PT
yippierevolutionary
I know there is another chat program you can use but I don't remember it's name. If you know observer he can help you. I don't go to the chat. I almost forgot it was there.
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Comment #18 posted by yippierevolutionary on December 18, 2003 at 16:42:37 PT
I slipped again, sorry FoM
I've been lurking around these boards for so long just reading posts, I am excited to be joining the conversation . I'll stick to topic.I have been trying to join the chat room, but I am running Red Hat linux and am having trouble getting a Java plug-in for mozilla. Anyone out there run linux that could help me out? Virgil I have heard you talk about linux.hope that wasn't off topic lol
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Comment #17 posted by FoM on December 18, 2003 at 16:34:48 PT
AlvinCool
I don't know the answer but that is a good question. Maybe NORML or MPP has information. There was a law on the books in New York I think and it was about medical marijuana but I can't be sure.
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Comment #16 posted by AlvinCool on December 18, 2003 at 16:31:22 PT
States
Does anyone know what states have older marijuana laws that aren't in effect due to a federal ban and are in the list of states governed by the 9th?Or if there are any. Seems I read once that in a few states there were positive laws on the books but legal issues with federal law kept them from being in effect.Anyone know?
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Comment #15 posted by FoM on December 18, 2003 at 16:10:26 PT
yippierevolutionary 
I'm losing track of the comments on cannabis because of talking politics. Let's try to stay on our topic. I turn off the tv news to find peace. I'd like to stay close to what the purpose of cannabisnews.com is! If I need to say what the purpose is it's helping to end CP. Thanks!
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Comment #14 posted by yippierevolutionary on December 18, 2003 at 16:03:33 PT
The goodness is just settling in
I am just beginning to realize how good this is!! System I agree totally with what you are saying. The world is so toxic these days almost everyone suffers from some type of ailment. Thats the way the pharmaceutical companies want it. But you're talk IS THE ARGUMENT THE PROHIBS USE AGAINST MEDICAL MARIJUANA, that its a "smokescreen" or a "stalking horse" for legalization. But screw those guys, because WE are the champions no time for loser John Walters.PS. Kucinich isn't the only good democrat althought the best. Al Sharpton would also make a terrific president, withdrawing from Iraq and he speaks about the incarceration rates from the drug war. He is also against neo-liberal trade for the sake of trade saying "Not all trade is good trade, I mean I am here on bad trade policy" He is also hilarious.PS Virgil are you the poster formally known as p4me?
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Comment #13 posted by Virgil on December 18, 2003 at 15:46:07 PT
Cato.org on the ruling
This was dated yesterday- http://www.cato.org/dispatch/12-17-03d.html This is their report in its entirety."People who use marijuana for medical purposes won a victory Tuesday from a federal appeals court that ruled they cannot be prosecuted by the federal government so long as they grow their own or obtain pot from other growers without charge," the Los Angeles Times reports."The 2-1 decision from the U.S. 9th Circuit Court of Appeals in San Francisco would protect many medical marijuana users from prosecution in California and six other Western states - Alaska, Arizona, Hawaii, Nevada, Oregon and Washington - that have laws approving the use of marijuana for medical purposes."In a statement regarding the decision, Cato Vice President for Legal Affairs Roger Pilon said: "Although yesterday's decision simply overturned the district court's earlier denial of a preliminary injunction against the federal government, the panel found that the plaintiffs are likely to win on the merits and so are entitled to a preliminary injunction pending adjudication on the merits. In so ruling, the panel drew heavily on arguments presented by Cato Senior Fellow Randy Barnett, representing the plaintiffs, that enforcement of the Act in cases like this would extend Congress's power beyond the limits authorized by the Constitution. The opinion is thus consistent with the Rehnquist Court's recent federalism decisions, which have sought to limit the reach of Congress's power to regulate interstate commerce."Barnett is the author of the forthcoming Cato book, Restoring the Lost Constitution.
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Comment #12 posted by Virgil on December 18, 2003 at 15:11:19 PT
Comment 10
Most states have specific illnesses in their regulations. California's is the most broad. Cannabis should be allowed anytime a person might want aspirin. It can help with so many things including dealing with stress, that you would really think that anyone could qualify for a doctor's recommendation. You can believe that that is one reason the DEA fought MMJ so fiercely. Maybe this will help some with the state's details- http://www.painandthelaw.org/statutes/medical_marijuana.php
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Comment #11 posted by Dankhank on December 18, 2003 at 14:52:12 PT
DemocRats
SCD, you have a point about them based on past performance.What we need to do now is to make them speak of what they believe NOW.All the nasties have received a copy of the Cannabis Reference Library and have had time to look at it.We need to get people to every political rally of every kind, airport stop, town hall meeting, stop in town for short rally ... whatever.Most of these things are free and if we ca get in their faces and ask pointed questions ... we can MAKE them speak of what they think.It works best if you have at least two or three folks, forty or fifty even better. :-)One gets a question in, if not answered, another raises hand and asks why the candidate evaded the other questioner, the next asks ... it could be jolly good fun, actually.The other day I took Senator John Edwards' meeting away from him while making four points about the drug war's effect on education and what we teach.Even though he admonished me as I was finishing up the third point by saying, "You have gotten enough time," I continued, making my fourth point which was about teaching Compassion to the children by stopping the DEA SWAT raids by armoured/hooded goons carrying laser-sighted automatic weapons and pointing those guns in the faces of elderly men and women, some wheelchair-bound whose only crime is that tey may have only six months to live and find that Cannabis eases their bodies and minds. The Attorney Generanl is on record as saying we nave no right to be happy. Sir, do you agree with the Attorney General? Edwards said, no.At the end of the meeting Edwards thanked me as I approached him giving him a CRL, while saying, "1200 medical studies in twenty disciplines."So, here's a question one of your crew can ask the list following, "Did you look at the CD-ROM of 1200 Cannabis Medical Studies you got in Oklahoma, if not why not, if so please comment on what you read." It's really a lot of fun ... we try to convince, and might, politicians, but, about 4/500 other folks were in the room, a lot of College Kids .... who knows how much difference I make, but I know this ... every time I go out, I tell people that which they hear from no one else.Enough about me...Everybody get up and go see politicians ad make them discuss Cannabis.Peace to all who fight ...FIGHT
Register to Vote!!
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Comment #10 posted by SystemGoneDown on December 18, 2003 at 14:21:51 PT:
Democratic Candidates
NO WAY!!! These guys DO NOT defend medical marijuana. It kinda pisses me off that the leading candidate Dean is the only candidate that REJECTED a medical marijuana bill. I cannot STAND Dean, I think he is all talk and brings nothing to the table. As far as the other candidates like Liebermen or Clark.....these guys are half ass medical marijuana advocates.....look at their record, they got mixed reviews on marijuana.... You are either in or out, there's no inbetween in this one. That is why Kucinich is the ONLY legit democrat because he is the only one that will flat out come out and say that he believes in medical marijuana. Dean is the worst of all of them.
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Comment #9 posted by FoM on December 18, 2003 at 14:00:05 PT
cloud7 
I hope you are right. I've just seen them attack us so many times I worry. I hate to get my hopes up and then be disappointed knowing how they are.
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Comment #8 posted by cloud7 on December 18, 2003 at 13:55:46 PT
FoM
I dont think they are going to make a big issue out of it because of the large amount of support for medical marijuana. If they do, the democratic candidates (...who support it) will jump on them about compassion for the sick and state's rights. Mostly, I dont think they want to publicize the fact they are losing. In other news, Im very excited about Tuesday. This ruling will be huge. I only hope they dont go halfway with some "govt has the right to keep it illegal, but it cant be more than a fine" or something like that. Although the news has been mixed lately, we are at a high point in our fight and the dam will break all at once soon.
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Comment #7 posted by FoM on December 18, 2003 at 13:48:04 PT
A Question
I'm almost afraid to ask this question but I will. It's been two days and we haven't heard any opposition to the court ruling. I'm holding my breathe on this one but the longer we have to wait the better I think. How does anyone else feel about no news from Ashcroft or Walters?
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Comment #6 posted by E_Johnson on December 18, 2003 at 13:14:23 PT
They really need weed in the White House now
Bush is having knee problems, Colin Powel just had prostate surgery.My heart goes out to them, really, because they've cut themselves off politically from the best relief around for their pain.
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Comment #5 posted by FoM on December 18, 2003 at 12:50:55 PT
SystemGoneDown 
I agree with you.
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Comment #4 posted by SystemGoneDown on December 18, 2003 at 12:49:21 PT:
FoM
I smoke marijuana illegally, but all's I'd have to do is move to California, talk to my Doctor who I've known for years and get him to say that he recommends it to me for my back pain that's been bothering me for years. So BY LAW, I'd be using marijuana legally, jus as long as a doctor recommends it.
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Comment #3 posted by FoM on December 18, 2003 at 12:43:03 PT
SystemGoneDown 
I don't know for sure but I think it would cover many health issues. 
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Comment #2 posted by SystemGoneDown on December 18, 2003 at 12:42:46 PT:
Medical Marijuana (continue...)
Alls they have to do is prove that marijuana helps with stress, back pain, headaches, ASTHMA, and other disfunctions that would benefit from marijuana.............so hypothetically, if marijuana became legal for medicinal purposes, almost anybody could LEGALLY use it because alls they need is a doctor to say(or probobly testify after they get raided by the feds) that marijuana is 1)beneficial to basically any pain you have and 2)safer than any other medicine they could use otherwise.
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Comment #1 posted by SystemGoneDown on December 18, 2003 at 12:35:47 PT:
Medical Marijuana
Hey... for states that have legal medical marijuana, what conditions qualify for recommedation from a doctor? Would depression qualify as medical marijuana? How about headaches caused by stress? If medical marijuana is legal(which it is in 8 states I believe)...technically, anyone suffering from a basic headache to excess stress would qualify as using marijuana as a medicine(like prozac or ritalin).
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